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Court rejects argument that lawyer fees violate free speech

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BISMARCK - An appeals court rejected a Bismarck lawyer's argument that mandatory fees to the North Dakota Bar Association violate his free speech rights because the money has gone to political activity he doesn't support.

The 8th Circuit U.S. Court of Appeals issued its ruling this week disagreeing with arguments raised by the Phoenix-based Goldwater Institute, a conservative think tank that filed the suit on behalf of the lawyer.

The institute argues attorneys should be given the choice to opt in to political spending by the association. The institute says 18 other states provide that option.

The lawsuit was filed on behalf of a self-employed attorney who objected to a $50,000 contribution to a political action committee that opposed a bill regarding shared parenting time and responsibility in 2014.


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